What is a Trademark?

A trademark is any legally protected, abstract or figural representation or slogan associated with a company or product that deliberately differentiates it in the market.

A trade mark is divided into two groups; firstly, marks which distinguish the products and services of a business and secondly, those which identify the business as such.

How does a Trade mark work?

A trade mark is a marketing device that sets a company or product apart from similar companies or items. A trade mark forms part of intellectual property that is unique to a company and / or its products. Slogans, symbols or inventive catchphrases are common examples of trade marks. Companies legally register their trademarks with the Companies and Intellectual Property Commission in order to prevent competing companies from the unlawful use Thereof. Infringing on a registered trademark is illegal and may be used as justification for legal action by the person with natural and juristic legal rights to that trademark.

Purpose of a Trade mark?

Trademarks create goodwill which makes it possible for a customer to prefer one product or service over another. The trade mark attracts customers and that enhances the ability of an entrepreneur to attract even more customers.

In addition to differentiating companies and products in a given market, the use of trade marks is a marketing strategy that encourages recognition and association of some level of quality among consumers. Registered trade mark ensure fair and competitive practices in the market while protecting the owner of the intellectual property rights. Some of the benefits of a trade mark include:

• The exclusive use of the mark in respect of the goods and services.
• A registered trade mark can be used as security when applying for Business loan.
• A registered trade mark deters other traders from using trade mark that are similar or identical to yours;
• A registered trade mark creates an identifiable intangible property in that the value is attached to the reputation or goodwill that your brand may enjoy; and
• A registered trade mark can be used as a prima facie evidence in legal proceedings in the event of an infringement of your trade mark.

Once a trade mark is registered, the symbol “R” or registered may be used for the goods and services listed in the registration.

Who may register a Trade mark?

• Any individual doing business within the Republic of South Africa is eligible.
• Contact us to assist you with a quick and easy application.

What we will need from you?

• Download and complete our Power of attorney and Client form.
• Provide a copy of a clear certified identity document.
• Where the company ownership consists of partners, an affidavit from each partner is required.
• Submit all the documents to trademark@mbaincorporated.co.za

FAQ

1. How long does a trade mark stay valid?

The trade mark stays valid for 10 years and thereafter becomes eligible for renewal. Even though trademarks are valid for 10 years, there are additional requirements during the first decade. After the fifth anniversary of your registration date, you are required to file a Declaration of Use which proves that the mark is actively being used in business.

2. How many classes of trade mark applications are there?

There are 45 classes of trade which are detailed in the PDF document

Download Class Headings

3. What is the difference between an ordinary, certification and collective trade mark?

An ordinary trade mark
is a trade mark refer to a word or design and can also be the combination of both which distinguishes other goods and services of other traders.

A certification trade mark
refers to goods or services which possess characteristics that distinguish it from the goods and services of other traders.

Collective trade mark
refer to traders who made use of a particular trade mark and are legally empowered to do so as they are members of that particular group. The trade mark serves to provide the member with proof that they belong to a particular group or organization or association.